Why Mickey Mouse Could Soon Be in the Public Domain

Mickey Mouse debuted to the world in the 1928 animated short Steamboat Willie, and has since transformed into an icon recognized around the world. But the mouse’s status as Disney's exclusive property is under threat. As Ars Technica reports, Steamboat Willie is set to enter the public domain in 2024, and unlike in previous years, there have been no moves from Congress to stop that from happening. Once it does, in theory, anyone could use Mickey's image for free.

This is the third time the cartoon has been on the verge of losing its copyright protection. The first came in the 1970s, back when copyright terms only lasted 56 years. That meant every book, song, and movie made in 1923 was scheduled to lose its protected status in 1979, and Steamboat Willie would follow on its 56th anniversary in 1984. But in 1976, under pressure from companies like Disney, Congress extended the statute to 75 years, keeping all works made after 1923 from becoming public domain until 1998 or later. Mickey remained safely out of the public domain for another two decades. Then, when copyright terms were again scheduled to expire in 1998, Congress extended them a second time, this time to 95 years.

Now, the clock is ticking down for these older works once again as the 2018 expiration date of that copyright extension nears. Only this time, it looks like Congress may let them become public property without a fight.

Today’s constituents tend to care more about copyright law now than they did in 1976 or even in 1998. The rise of online streaming and easily accessible pirated content has made the issue more relevant to the life of the average person than ever before. The defeat of the Stop Online Piracy Act (SOPA) in 2012 made this clear to legislators. That bill, which would have empowered law enforcement to punish or block sites sharing pirated content, was so controversial that it sparked protests across the web. Because of the sheer scale of that public response, lawmakers are now hesitant to change any existing copyright protections, including those set to expire on January 1, 2019.

But even if those protections expire, Disney could still find a way to prevent rival studios from using Mickey’s image when 2024 rolls around. While copyrights are designed to be temporary, trademarks have the potential for serious lasting power. That’s because copyrights only protect a single work of artistic expression (in this case, the film Steamboat Willie), while trademarks are attached to images and logos that represent a brand (so Mickey Mouse, the character). As long as Disney can prove that Mickey has evolved beyond his first screen appearance into a symbol that’s synonymous with its corporation, he’ll remain a protected property. And if you take a look at their theme parks, cruise ships, media, and the dozens of Hidden Mickeys they've hidden in their movies, you’ll see that they can easily make that case.

But few works of art made in the 1920s have taken the same path to corporate dominance as Mickey Mouse, even other works made famous by Disney (like Winnie the Pooh, first introduced in A.A. Milne's stories in 1926). Even if Disney manages to protect Mickey, the public should have a big new batch of copyright-free content to access in the next few years.